9 


CONSTITUTION 


AND 


OF  THE 


F&OT'E&TANT  T.PlSCOYMi  CHURCH, 


IN  THE 


DIOCESS  OF  NORTH  CAROLINA, 

.?s  amended  and  passed  at  the  Convention  of  the  Church  in  Wilmington 

Mas  1830. 


Digitized  by  the  Internet  Archive 
in  2014 


https://archive.org/details/constitutioncano00epis_1 


OF  THE 

PROTESTANT  EPISCOPAL  CHURCH  IN  NORTH  CAROLINA, 

As  amended  at  the  Convention  in  May,  18303 


ARTICLE  I. 

The  Protestant  Episcopal  Church  in  this  State,  accedes  to,  recognizes, 
and  adopts,  the  General  Constitution  of  the  Protestant  Episcopal  Church 
of  the  United  States,  and  acknowledges  its  authority  accordingly. 

ARTICLE  II. 

There  shall  be  an  Annual  Convention  of  the  Church  in  this  Diocess* 
at  such  time  and  place  as  may  be  fixed  by  the  next  preceding  Convention. 

ARTICLE  III. 

The  Convention  shall  be  composed  of  Clergymen  and  Laymen.  Each 
regularly  ordainfti  Minister,  of  either  order,  being  settled  with  a  paro- 
chial charge  in  this  State;  or  being  a  President,  Professor,  or  Instructor 
of  youth,  in  any  Seminary  of  Learning  in  this  State;  or  being  a  Mission- 
ary of  the  Protestant  Episcopal  Church,  acting  under  the  direction  of 
the  Ecclesiastical  authority  of  this  Diocess,  shall  be  entitled  to  a  seat 
and  a  vote  in  the  Convention;  provided  he  shall  have  been  actually  and 
canonical !y  a  resident  of  the  State  for  the  space  of  twelve  calendar 
months  next  before  the  Convention.  Each  Church  or  Congregation  in 
this  Diocess,  which  is  now  a  member,  or  shall  hereafter  be  admitted  a 
member  of  this  Convention,  shall  be  entitled  to  send  to  the  Convention 
one  or  more  Lay  Delegates,  not  exceeding  four,  to  be  chosen  by  the 
Vestry  or  by  the  Congregation.  Provided  however,  that  no  one  person 
shall  be  the  Delegate  of  more  than  one  Church  or  Congregation  at  the 
same  Convention.  Provided  also,  that  this  Article  shall  not  exclude 
from  the  Convention  any  Clergyman  who  is  now  and  shall  continue  to 
be  a  resident  in  this  State,  and  who  is  now  a  member  of  this  Convention. 

ARTICLE  IV. 

Every  Convention  shall  be  opened  with  Prayer,  and  a  Sermon,  which 
shall  be  delivered  by  some  Preacher  who  has  been  nominated  by  the 
Ecclesiastical  authority  of  the  Church. 

ARTICLE  V. 

A  President  shall  be  annually  appointed,  who  shall  preside  in  all 
meetings  of  the  Convention,  except  when  a  Bishop  shall  be  present, 
when  he  shall,  ex  officio,  be  President. 


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ARTICLE  VI. 

A  Secretary  shall  be  annually  chosen,  whose  duty  it  shall  be  to  keep 
a  record  of  the  proceedings,  and  to  give  timely  notice  to  each  Minister 
and  Vestry,  of  the  time  and  place  of  each  meeting  of  the  Convention  in 
this  Diocess. 

ARTICLE  VII. 

A  Standing  Committee,  of  not  less  than  three  nor  more  than  seven 
persons,  shall  be  annually  chosen  by  ballot.  They  shall  have  power  to 
admit  Candidates  for  the  Ministry,  and  when  there  is  not  a  Bishop,  they 
shall  examine  and  pass  on  the  testimonials  of  foreign  Clergymen.  They 
may  call  special  meetings  of  the  Convention;  and  shall  transact  all  other 
business  as  they  are  empowered  to  do  by  the  Constitution  and  Canons 
of  the  General  Convention.  They  shall  also  have  power  to  fill  any  va- 
cancies that  may  occur  in  their  own  body  by  death,  removal,  or  other- 
wise, during  the  recess  of  the  Annual  Convention. 

ARTICLE  VIII. 
A  majority  of  the  Standing  Committee  of  this  Church  shall  at  all  times 
be  Clergymen  of  this  Diocess;  and  no  Layman  shall  be  appointed  a 
member  of  said  Committee,  except  he  be  a  communicant  of  the  Episco- 
pal Church. 

ARTICLE  IX. 

In  all  questions  which  shall  come  before  the  Convention,  when  it  shall 
be  required  by  the  Delegation  of  one  Church  or  Congregation,  or  by  any 
one  Clerical  member,  the  Laity  shall  vote  by  Congregations.  And  when 
it  shall  be  so  required,  the  two  orders  shall  vote  separately,  and  in  the 
latter  case,  the  concurrence  of  both  orders  shall  be  necessary  to  make  a 
decision  of  the  Convention.  When  no  such  division  of  the  Convention 
shall  be  required,  each  member  of  the  Convention,  both  Clerical  and 
Lay,  shall  be  entitled  to  one  vote. 

ARTICLE  X. 

The  election  of  a  Bishop  of  this  Diocess  shall  be  made  in  the  follow- 
ing manner:  The  order  of  the  Clergy  shall  nominate  and  appoint  by  bal- 
lot, some  fit  and  qualified  Clergyman  for  that  oflice,  and  if  this  appoint- 
ment be  approved  by  the  Lay  order,  he  shall  be  declared  duly  elected. 
In  the  above  mentioned  nomination  and  appointment,  a  majority  of  each 
order  shall  determine  the  choice — provided  that  two  thirds  of  all  the 
Clergy  entitled  to  votes  be  present,  and  two  thirds  of  all  the  Congrega- 
tions entitled  to  votes  be  represented;  otherwise  two  thirds  of  the  votes 
of  each  order  shall  be  necessary  to  determine  the  choice. 

ARTICLE  XI. 

This  Constitution  shall  not  be  altered  or  amended,  except  by  the  con- 
current votes  of  two-thirds  of  the  attending  members  at  an  annual  meet- 
ing of  the  Convention — such  vote  being  taken  in  accordance  with  the 
preceding  provisions  of  this  Constitution. 


g 


OF  THE 


PROTESTANT  EPISCOPAL  CHURCH  OF  NORTH  CAROLINA, 


As  compiled  and  amended  at  the  Annual  Convention  in  May,  1830. 


CANON  I. — Passed  April  1817. 
Of  Presentments, 

Every  trial  of  a  Clergyman  in  this  Church,  for  misbehaviour,  shall  be 
on  presentment,  made  to  the  Bishop  by  the  Convention,  by  the  Vestry 
of  the  parish  to  which  the  Clergyman  belongs,  or  by  three  or  more  Pres- 
byters of  the  Church.  In  every  presentment  the  charge  or  charges  shall 
be  distinctly  specified. 

CANON  II.— Passed  April  1817. 

Of  the  trial  of  a  Clergyman. 

For  the  trial  of  a  Clergyman,  the  Bishop  shall  appoint  three  Presbyters, 
who  shall  be  constituted  a  board  for  trying  the  accused  person.  The 
Bishop  shall  fix  the  time  and  place  of  trial;  of  both  which,  at  least  a 
month's  notice  shall  be  given  to  the  party  accused ;  and  should  he  neglect 
or  refuse  to  attend,  the  trial  shall  proceed.  The  Board  thus  constituted, 
shall  examine  fully,  the  charges  alleged,  and  keep  a  minute  and  accurate 
record  of  the  testimony  of  the  witnesses,  and  of  every  question  and  pro- 
ceeding that  comes  before  them.  No  charge  shall  be  substantiated  on 
the  testimony  of  less  than  two  witnesses.  On  the  examination  of  any 
witness,  should  the  accused  party  require  it,  an  oath  or  affirmation  shaft 
be  administered  by  a  magistrate.  In  all  questions,  a  unanimous  vote 
shall  be  necessary  to  a  decision.  Having  come  to  a  decision  on  the 
charge  or  charges  respectively,  the  Board  shall  communicate  their  deci- 
sion to  the  Bishop — and,  also,  in  case  they  have  found  the  accused  guil- 
ty, the  sentence  which,  in  their  opinion,  should  be  pronounced.  A  cer- 
tified copy  of  the  record  of  their  proceedings  shall  be  laid  before  the  Bi- 
shop, and  his  judgment  in  the  case  be  final. 


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CANON  111.— Passed  April  1817. 

Of  the  sentence  to  be  pronounced  on  a  Clergyman  found  guilty  of  mis- 
behaviour. 

This  sentence  may  be  admonition,  suspension,  degradation  from  the  mi- 
nistry, or  excommunication;  and  shall  be  pronounced  by  the  Bishop  and 
communicated  to  every  Parish  in  the  Diocess. 

CANON  IV.— Passed  April  1819. 

Respecting  the  call  of  a  special  Convention. 

When  a  special  Convention  is  called,  it  shall  be  the  duty  of  the  Secre- 
tary in  issuing  the  notifications,  to  specify  therein  the  business  and  pur- 
poses for  which  the  Convention  is  to  be  assembled. 

CANON  5.— Passed  April  1819. 

Concerning  Parochial  Registers  and  Reports. 

In  order  to  give  eft'ect  to  the  40th  Canon  of  the  General  Convention 
in  1808,  it  is  hereby  required  that  each  Minister  of  this  Church  shall 
keep  a  register  of  all  the  Baptisms,  Marriages,  and  Funerals,  solemniz- 
ed by  him  in  the  discharge  of  his  Ministry;  specifying  the  names  of  the 
parties  married,  the  name  and  time  of  the  birth  of  the  child  baptised, 
with  the  names  of  the  parents,  and  the  name  of  the  person  buried,  and 
thp  time  when  each  rite  is  performed;  which  register  shall  be  transcrib- 
ed, at  least  once  in  every  month,  in  a  book  to  be  kept  for  that  purpose, 
belonging  to  the  Vestry  of  each  Church.  He  shall  also  keep  a  register 
of  the  names  of  the  Communicants  within  his  care.  And  it  shall  be  the 
duty  of  each  Minister  to  report  annually  to  the  Bishop,  at  the  meeting 
of  the  Convention,  the  amount  or  sum  total  of  said  registers,  and  also 
the  amount  of  the  register  of  adults  required  to  be  kept  by  the  aforesaid 
Canon  of  the  General  Convention,  together  with  a  written  account  of 
the  state  of  the  parish.  Which  reports  shall  be  by  the  Bishop  commu- 
nicated to  the  Convention,  and  read  in  their  presence,  in  order  to  pro- 
mote a  general  knowledge  of  the  state  of  the  Church;  and  shall  after- 
wards be  preserved  by  the  Secretary  among  the  records  of  the  Convention. 

CANON  \L— Passed  April  1819. 

The  Clergy  required  to  attend  the  meetings  of  the  Convention. 

"Whereas  the  regular  attendance  of  the  Clergy  at  the  meetings  of  the 
Convention,  is  of  essential  consequence  to  the  interests  of  the  Church, 
this  duty  is  hereby  enjoined  on  them.  At  the  opening  of  each  Conven- 
tion, the  names  of  the  Clergy  entitled  to  seats  therein  shall  be  called 
over,  the  absentees  noted,  and  at  the  ensuing  Convention  they  shall  be 
called  upon  for  the  reasons  of  their  absence. 


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CANON  VII.—  Passed  May  1821, 

Of  the  forming  of  a  Congregation. 

Any  association  of  ten  or  more  adults,  consenting  to  adopt  and  be 
governed  by  the  Constitution  and  Canons  of  this  Church,  assuming  some 
name  by  which  their  Church  or  parish  may  be  designated,  appointing  a 
Vestry  of  four  or  more  persons  to  manage  the  temporal  concerns  of  their 
body,  and  also  a  Delegation  of  any  number  of  persons,  (not  exceeding 
four,)  may  be  received  into  union  with  this  Church;  and  their  Delegates 
shall  be  entitled  to  seats  in  the  Convention,  on  producing  a  written  cer- 
tificate, signed  by  the  Vestry,  stating  that  the  above  conditions  had  been 
complied  with. 

CANON  VIII.— -Passed  May  1824. 

Respecting  annual  contributions. 

An  annual  contribution  shall  be  made  by  each  Congregation  in  this 
Diocess,  to  defray  the  necessary  expenses  of  the  Bishop's  visitations, 
and  the  contingent  charges  of  the  Convention,  and  likewise  to  furnish 
our  quota  to  the  contingent  expenses  of  the  General  Convention;  which 
sums  shall  be  remitted  to  the  Treasurer  of  the  Convention  as  they  shall 
be  received. 

CANON  IX.— Passed  May  1824. 

Respecting  the  Bishop's  authority  to  change  the  place  of  holding  the 

Convention. 

In  all  cases  where  a  contagious  disease,  or  any  other  sufficient  cause* 
shall  render  it  necessary,  the  Bishop  may  change  the  place  of  meeting 
appointed  by  the  Convention. 

CANON  X.— Passed  April  1825. 

To  appoint  a  Treasurer,  and  to  prescribe  his  duties* 

A  Treasurer  of  the  Convention  shall  be  appointed  annually.  He  shalt 
have  the  custody  of  all  moneys  belonging  to  the  Convention,  and  shall 
render  to  the  Convention  an  annual  account  of  all  moneys  so  entrusted 
to  him.  The  said  Treasurer  shall  ex  officio  receive  all  money  from  the 
Trustees  or  General  Agent  of  the  fund  for  the  Episcopate,  as  it  may  be 
collected,  and  vest  the  same,  and  all  interests  and  dividends  thereon, 
in  the  Capital  Stocks  of  some  one  of  the  Banks  of  the  State. 

CANON  XL — Passed  May  1827. 

Authorising  the  Treasurer  to  invest  the  money  belonging  to  Convention. 

The  Treasurer  of  the  Convention  shall,  from  time  to  time,  invest  in 
stock,  or  put  out  to  interest  on  good  security,  as  he  may  deem  most  ad- 


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vantageou9,  all  moneys  in  the  Treasury  not  especially  appropriated,  and 
all  sums  received  for  the  use  of  the  Episcopate. 

CANON  XII.—  Passed  May  1830. 

Pointing  out  the  additional  duties  of  the  Secretary. 

It  shall  be  the  duty  of  the  Secretary  to  preserve  for  the  use  of  the 
members  of  Convention,  during  its  sessions,  six  copies  of  the  Constitu- 
tion and  Canons  of  this  Church;  and  each  year  to  preserve  for  the  same 
purpose,  six  copies  of  the  printed  Journals  of  Convention.  These  pa- 
pers the  Secretary  shall  cause  to  be  present  at  each  Convention. 

CANON  XIII.— -Passed  May  1830. 

On  the  election  of  a  Bishop. 

The  Lay  Delegates  of  no  Congregation  which  is  formed  after  a  vacan- 
cy has  occurred  in  the  office  of  Bishop,  by  death  or  otherwise,  shall  vote 
in  the  election  of  the  next  successor  in  the  office,  or  upon  any  question 
touching  such  election. 


